Aakash Prakash Makwana, a 29-year-old Indian national unlawfully residing in West Virginia, has pleaded guilty to aggravated identity theft in connection with a marriage fraud scheme intended to circumvent U.S. immigration laws. Makwana entered the United States on a J-1 nonimmigrant visa on November 23, 2019, which expired on November 24, 2020. He remained in the country without legal status after his visa expired.
In August 2021, Makwana conspired with others to enter into a fraudulent marriage with a U.S. citizen for $10,000 (approx. ₹8.3 lakh) to obtain lawful permanent resident status. He married the U.S. citizen on September 3, 2021, while living in White Sulphur Springs, West Virginia, and working without legal authorization.
As part of the scheme, Makwana falsified a residential lease agreement to make it appear that he and the U.S. citizen lived together, adding the individual’s name to utility bills and bank accounts. He admitted to using the property manager’s name and signature on the lease without permission, leading to the aggravated identity theft charge.
False Claims to Gain Immigration Benefits
When the fraudulent marriage did not result in legal status, Makwana filed a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, falsely claiming he was a victim of domestic violence and emotional abuse by the U.S. citizen spouse.
He admitted that he filed the petition to remain in the U.S. while the application was reviewed and to improve his chances of obtaining a Green Card.
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Legal Penalties and Sentencing
Makwana is scheduled to be sentenced on September 26, 2025. He faces a mandatory penalty of two years in prison, up to one year of supervised release, a $250,000 (approx. ₹2.07 crore) fine, and is also subject to removal from the United States.
The U.S. citizen involved, Kalee Ann Huff, pleaded guilty on February 20, 2025, to marriage fraud and perjury. She is scheduled to be sentenced on June 12, 2025. Her brother-in-law, Joseph Sanchez, pleaded guilty on January 29, 2025, to participating in an immigration marriage fraud conspiracy and was scheduled to be sentenced on May 30, 2025.
This post has been authored by Mr. Anirudh Mittal, a law student at the National Forensic Sciences University, currently pursuing B.Sc. LL.B(Hons.).